129A - Sexual Conduct With Consent Induced By Certain Threats

Question 1

What is the Act Section and Elements for Sexual Conduct with consent induced by certain threats ?

Answer 1

CA1961
S129A
- Has sexual connection / does an indecent act
- with another person knowing
- other person has been induced to consent to the connection / to the act by threat

Question 2

What kind of threat is referred in subsection (5) of 129A?

Answer 2

(5) (a) - A threat that makes the person making the threat will commit an imprisonable offence BUT does not involve the actual of threaten application of force to any person AND
(5) (b) - A threat that the person is making will make an accusation/disclose (T or F) about misconduct by any person (living or dead) that is likely to cause damage to seriously the reputation of the person against or about whom the accusation or disclosure is made AND
(5) (c) - A threat that the person is making will make improper use to the detriment of the person consenting, of a power or authority arising out of (i) an occupation or vocational position held by the person making the treat OR (ii) a commercial relationship exisiting between the person making the thread and the person consenting

Question 3

Define Coercion?

Answer 3

Persuading someone to do something by using force or threats

Question 4

Does the threat involve ‘actual force’?

Answer 4

No.

This section creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force